Excerpt: ...uct of its softball coach, Michael Martis. Plaintiff dismissed the action without prejudice on January 23, 2019. Defendants St. Francis Catholic High School and the Roman Catholic Bishop of Sacramento filed a memorandum of costs claiming $7,330.37 in defense costs. Plaintiff now moves to strike the cost memorandum on the basis that Defendants were not "prevailing parties" because she dismissed the complaint without prejudice and could re�...

Excerpt: ...equest for judicial notice is granted. This action is based upon the City's imposition of an administrative penalty of $318,000 on Plaintiff pursuant to Sacramento City Code sections 8.132.040(B) and 8.132.050, following the City's discovery of illegal indoor cultivation of 642 cannabis plants in a home owned by Plaintiff in Sacramento. The City's Code Enforcement issued the penalty on July 2, 2018, and the City's administrative a...

Excerpt: ...s granted. Tina Bartlett is a regional manager for the Department. Nancee Murray is an attorney for the Department. Defendants allege that Plaintiffs South Yuba Water District (“District”), Michael Rue, Jerry Norene, Victor Grag, Morrison Graf, Gary Miller, and John Belza's claims against Defendant Bartlett and Defendant Murray arise from their lawful communications in connection with an official proceeding and are therefore barred by Code of...

Excerpt: ...ent at the Embracing Arms Care Home from January 18, 2018 through February 8, 2018. (Comp. ¶ 8.) Defendant Maria Cucciea is alleged to be the owner/administrator of Embracing Arms and Defendant Christian Tratta is alleged to be her husband and a resident caregiver. The Court previously granted Plaintiff's motion to conduct financial discovery pursuant to Civil Code § 3295 after finding Plaintiff demonstrated a substantial probability of prevail...

Excerpt: ...e Court found that the timely objection raised by Defendant as to Evidence Code § 1157 with respect to its initial responses to requests 1‐4 did not apply. As to requests 8‐11, Defendant's initial responses only asserted objections based on vagueness, ambiguity and overbreadth. Defendant did not specifically set forth an objection based on the federal Patient Safety Act, 42 USC § 299 et seq. until it served further responses. Defendant atte...

Excerpt: ...an interest in an LLC which owns commercial property but failed to pay off a $1.2 Million promissory note. The complaint alleges causes of action for breach of the promissory note, common counts, breach of the implied covenant of good faith and declaratory relief. Defendant Tran filed on 10/31/2018 both an answer and a cross‐complaint, the latter of which asserts causes of action for breach of contract and conversion. In December 2018 defendant...

Excerpt: ...NTED pursuant to Evidence Code sections 451 and 452. Plaintiffs' Request for Judicial Notice of Exhibits 1‐11 to the Kim Declaration is unopposed and is GRANTED pursuant to Evidence Code section 452. The court notes, however, that as to Exhibits 1‐10, the court takes notice of only the existence of the document as part of a court file, not the contents thereof; the court may only take judicial notice of the truth of facts asserts in documents...

Excerpt: ...laintiff is owed in access of $48,000, representing the market value of the “petroleum products” delivered but not paid for, and consists of causes of action for breach of contract, common counts and breach of personal guaranty. Defendant/cross‐complainant filed a cross‐complaint against plaintiff purporting to assert a single cause of action for accounting, maintaining that some of the payments made to plaintiff for the latter's deliveri...

Excerpt: ...se" to Defendant's demurrer filed on March 25, 2019 only four court days prior to the hearing and which does not appear to have been served on Defendant. In any event, this document does not even address the grounds raised by Defendant in support of the demurrer. In this action Plaintiffs filed the FAC on the judicial council form complaint alleging a single cause of action for breach of contract. There are no allegations regarding the br...

Excerpt: ...ntative ruling to Plaintiff within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be April 8, 2019, to participate in...

Excerpt: ...on of emotional distress, elder abuse, and wrongful death in connection with an incident on August 28, 2017, when the Decedent, who was terminally ill from lung disease, received a morphine drip of 250 milligrams over less than 90 minutes, despite an order from his physician for a morphine drip at 1 milligram per hour. Defendant's demurrer to the original Complaint was sustained with leave to amend as to the fourth cause of action for elder abuse...

Excerpt: ...sche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Defendant's request for judicial notice as to item 2, the “Monthly Rental Agreement entered by and between Defendant and former owner Jatinder Singh and Plaintiff Hilda Garcia on October 10, 2016” is denied. However, the Court notes the Rental Agreement has been attached to the Complaint and is, therefore, part of the pleadings. Yet, the copy of the Rental Agreement is of such poor...

Excerpt: ...cific's (“Defendant”) purported failure to provide meal and rest periods by adopting a policy that required security guards to remain on‐call and on‐duty during their meal and rest periods and precluded employees from being able to leave the work premises. Plaintiff's First Amended Complaint alleged claims for failure to provide meal and rest periods, waiting time penalties, wage statement violations, unfair competition, and PAGA. Defenda...

Excerpt: ... “Agreement” date February 28, 2018 (the “Contract”) entered into between Petitioner and Respondent concerning various home improvements made to real property located at 8541 Biruta Avenue, Orangevale, California 95662 (the “Property”). Petitioner contends it was hired to repair the Property following a water leak that resulted in insured water damage. Petitioner contends it completed all of the work required under the Contract in a w...

Excerpt: ...”). On 9/26/2018, Mehtani and Co‐Defendant/Cross‐Plaintiff Janak Town and Country West G.P. ("T&CW") propounded the following four sets of identical demand for production of documents: 1. Mehtani's demand for production of documents on TDB 2. Mehtani's demand for production of documents on Qayyum 3. T&CW's demand for production of documents on TDB 4. T&CW's demand for production of documents on Qayyum The deadline to serve responses...

Excerpt: ...Franck (“Plaintiff”) as cocounsel to work with their previously‐retained attorney, Daniel Muller, to work on an existing lawsuit Defendants filed against the City of Oakland, venued in Alameda County (the “Oakland Action”). For various reasons, Defendants terminated Plaintiff's services in July 2018. (L. diSibio Decl. ¶ 5.) On October 5, 2018, Plaintiff filed this action for breach of contract seeking approximately $29,000 in unpaid le...

Excerpt: ...e opposition on the merits, and, they also stipulated to continue the motion to ensure proper service. Therefore, any objection based on defective service has been waived. On January 15, 2019, defendant Wells Fargo Bank, N.A. (“Defendant”) brought an ex parte application to dismiss with prejudice the complaint filed by Plaintiffs. The Court granted the application and dismissed the action with prejudice on the grounds Plaintiffs failed to tim...

Excerpt: ...ty discussed, the court invites the parties to submit supplemental briefs that address the tentative ruling. Any party may, but need not, file and serve a supplemental legal brief no later than 4/26/19. If Plaintiff Michael T. Shannon (Shannon) wishes to appear and argue at the hearing on 5/10/19, then he shall promptly notify the court and opposing counsel of his intent to appear and shall arrange with the litigation coordinator at his facility ...

Excerpt: ...he was pushing for her, causing it to swivel and strike plaintiff, resulting in her falling forward and landing with all her weight on both knees and hands. The case was filed in November of 2018 and the Answer was filed on December 31, 2019. On February 7, 2019, Plaintiffs counsel received an updated lien from Plaintiff's medical provider, Kaiser, in the amount of $50,029.34. Plaintiffs counsel promptly emailed Defense counsel and notified t...

Excerpt: ...("VSS") demurrer to the second amended complaint. (ROA 137.) The Court also denied without prejudice Plaintiffs' concurrent motion for leave to file a third amended complaint for failure to comply with CRC Rule 3.1324(a)(2), (a)(3), and 3.1324(b). (ROA 136.) Plaintiffs eventually filed a new motion for leave to amend complaint. The City, however, submitted a proposed judgment of dismissal prior to the hearing on the motion for leave. ...

Excerpt: ...follows. Opposing counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). This is a wage‐and‐hour case brought by a single plaintiff. According to the moving papers, plaintiff noticed the deposition of defendant James Ashley with the production of documents on 11/9/2018, specifying a deposition date of 12/19/2018 but the witness did not appear at that time, despite the absence of objections to the deposition. Plaintiff no...

Excerpt: ...ied Underwriters, Inc. (“AUI”), Applied Underwriters Captive Risk Assurance Company, Inc. (“AUCRA”), and California Insurance Company's (“CIC”) (collectively, "Defendants") demurrer to the First Amended Complaint (“1AC”) is OVERRULED as follows. Moving counsel again failed to provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and did not provide the correct address for Dept. 53/54. Movin...

Excerpt: ...iary duty and breach of both written and oral contracts. The fiduciary duty claim included an allegation that the conduct constituting the breach was done with oppression, fraud and/or malice within the meaning of Civil Code §3294. Defendants successfully challenged the punitive damages allegations on the grounds that plaintiff failed to plead specific facts necessary to establish malice, fraud or oppression but instead relied on an impermissibl...

Excerpt: ...rawn or filed in conformity with the laws of this state.” (Code Civ. Proc, § 436, subds. (a) and (b).) Defendants first move to strike the entire SAC on the basis that it was not filed by the deadline imposed by the Court when their previous demurrer was sustained in part with leave to amend. The parties ultimately agreed that the SAC was to be filed by December 7, 2018 but was not actually filed until January 25, 2019. Given that the Court is...

Excerpt: ...s required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Backgrou...

Excerpt: ...kes both a motion to quash and a motion to set aside, given Defendant is currently in default, the only motion that she may properly make is one to set aside the default. As Defendant's default has been entered by the Clerk and not yet set aside, the Court has lost jurisdiction to address any action by the defaulted defendant other than a motion to vacate entry of default. (See, e.g. W. A. Rose Co. v. Municipal Court for Oakland‐ Piedmont Judic...

Excerpt: ...or Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct department for hearing and the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The Court noted that p...

Excerpt: ...med illness was in January 2017. Plaintiff Hyatt claims to have lost approximately $2,000 in lost income and Plaintiff Helwig claims to have lost approximately $1,000 from missing work. Defendant FPI Management, Inc. issued subpoenas for Plaintiffs' employment records which seek their entire employment files. Plaintiffs now seek an order limiting the scope of the subpoenas to time sheets, attendance records and payroll/wages information. Plaintif...

Excerpt: ...il Consumption Defects”), Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 18, 21‐26, and 39‐44 relate to Defendant's investigation and analysis regarding the defects. Requests Nos. 7, 71‐73, and 86 related to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objections based on relevan...

Excerpt: ... notice is granted. However, with respect to Exhibit C, the declaration from a Staff Services Analyst with the Government Claims Office regarding a records search for any Government Claim filed by Plaintiff, the Court only takes judicial notice of the existence of the governmental document, not the truth of anything stated therein (e.g., that Plaintiff did not file a claim). Judicial notice may be taken of official acts of a governmental entity, ...

Excerpt: ... with Prospective Economic Advantage. The complaint arises out of allegations that Plaintiff was an instructor who had a contract with an authorized AHA training center (“RCPALS”) offering training class certification for emergency services. He alleges that AHA revoked his status by way of a letter dated November 30, 2017 which stated that he violated AHA requirements on November 7, 2017. He alleges that he had no idea AHA was considering rev...

Excerpt: ...t, she has been exposed to hazardous chemicals which have caused injuries to her internal organs, including multiple myeloma. Plaintiffs bring causes of action against multiple defendants including PTL for (1) negligence, (2) failure to warn, (3) design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. Prior Demurrer. PTL previously demurred only to the fraudulent concealment cause of action on the ...

Excerpt: ...up”) request to permit Fred Laudadio and Daniel Rossi to provide oral testimony at the hearing. The Court finds Fenix Group has failed to establish good cause. (CRC 3.1306.) Plaintiff Norcanna, Inc. filed its complaint on January 7, 2019, and its first amended complaint on February 27, 2019. Therein, Plaintiff alleges causes of action for breach of contract, fraud and others in connection with a sublease agreement Plaintiff entered into with Fe...

Excerpt: ...eir contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) This is an action for breach of a settlement agreement. Plaintiff alleges that on 11/18/2016, she entered into a settlement agreement with Regents, but on 4/17/2018, she was informed that Defendant failed to provide full service credit and retirement/pension benefits as agreed to...

Excerpt: ...unt for money due. The Proof of Service of Summons & Complaint indicates Defendant was served by substituted service on July 11, 2018, at 5213 63rd Street, Sacramento, California 95820 by leaving copies with “JOHN DOE, CO‐ OCCUPANT (REFUSED NAME), Asian Male, 30 Years Old, Black Hair, 5 Feet 7 Inches, 155 Pounds.” Copies were then mailed to Defendant On July 12, 2018, at the same address. The Summons & Complaint was served by a registered p...

Excerpt: ...ges that he was a member of Defendant's medical staff. Plaintiff alleges that he was discriminated and retaliated against, and harassed due to his presenting complaints regarding patient care, services, and/or hospital conditions. He further alleges that he was harassed based on his sex and that certain defamatory statements were made concerning his profession, trade, business, and qualifications. Plaintiff asserts that Defendant retaliated a...

Excerpt: ...to a school bus, causing the bus to roll over. Plaintiff Gerald Austin, Sr. was serving as an attendant on the bus at the time of the collision. Plaintiffs Gerald Austin, Sr. and Kathy Brown Austin's (collectively, “Plaintiffs”) Second Amended Complaint alleges causes of action for motor vehicle, general negligence, and loss of consortium and seeks punitive damages against Nevarez for consciously disregarding the safety of others. At issue ar...

Excerpt: ...ramento (erroneously sued as Sacramento County Sheriffs Department) and Sheriff Scott Jones were negligent and committed intentional torts in the execution of arrest and search warrants and the entry into her home by Sheriffs Department personnel. No federal civil‐rights claims are asserted. She seeks monetary damages for violation of her rights, property damage and emotional distress. She alleges causes of action for negligence, intentional to...

Excerpt: ...he door and the freezer unit. Plaintiff was shopping at the WinCo Foods Store in Orangevale, which is owned and operated by WinCo, on September 10, 2013. She was in the Frozen Food section of the store, having opened a clear glass freezer door on an upright freezer containing ice cream, when an unidentified shopper, utilizing a motorized cart, came into contact with the open freezer door. Plaintiff was struck by the open door and not any part of ...

Excerpt: ... 48 Cal.App.4th 1794, 1801.) The trial court is vested with broad discretion in approving class settlements. (Rebney v. Wells Fargo Bank (1990) 220 Cal.App.3d 1117, 1138.) Plaintiffs Hal Weinshank and Gabriela Ortolani's (collectively “Plaintiffs”) unopposed motion for final approval of class action settlement is tentatively granted pending the final fairness hearing to be held on this date. (Code of Civil Procedure § 382, California Rules o...

Excerpt: ...ohn Mahan on April 29, 2016. The parties referred to those documents as follows: ∙ 3,755 documents identified by CARB as “key” documents. ∙ Documents responsive to Mahan's categories 1 through 10. The court stated it was not (yet) willing to preemptively prohibit CARB from claiming any of these documents were exempt from production before it actually had a chance to review them. It thus stated, “It will be up to CARB to determine, in th...

Excerpt: ... the matter after Defendant appeared at the hearing and requested a continuance to obtain counsel. It was affirmatively represented that she would do just that and the Court continued the hearing to February 21, 2019. Defendant thereafter filed a 2 page declaration/opposition stating that the amount sought is not reasonable and that she has not been able to afford an attorney. She indicated that she and her husband have no real assets and that th...

Excerpt: ...rly Consumer Warranty Act ("Song‐Beverly Act"). Plaintiff alleges that her 2010 Chevrolet Traverse, which was manufactured and distributed by Defendant, suffers from widespread defects‐including the Engine Defects and that Defendant has been unable to repair her vehicle within a reasonable number of attempts. Plaintiff further alleges that Defendant knew that her vehicle suffered from the prevalent defects, but nevertheless refused to...

Excerpt: ...body parts claimed to be injured in this action. Defendants have shown in their opposition that they withdrew the subject subpoenas on February 25, 2019. There is nothing for the Court to quash and the motion is moot as to the request to quash. Citing to Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare (2007) 148 Cal.App.4th 390, 408, Plaintiff argues that even though the subpoenas were withdrawn after the motion was filed, the motion is...

Excerpt: ... of summons is ruled on as follows. The notice of motion does not provide the correct department or the time for hearing of this matter, which is 9:00 a.m. in Dept. 54 and not 2:00 p.m. in Dept. 53. Moving defendant is directed to contact opposing counsel and advise him/her of the correct department and the time for hearing of this matter. If moving defendant is unable to contact opposing counsel prior to hearing, moving defendant is ordered to a...

Excerpt: ...rt has adopted the following procedure for hearings in department 53 for self‐represented incarcerated parties. The clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to plaintiffs within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. T...

Excerpt: ...e ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to comply with CRC Rule 3.1113(f). Factual Background This is a declaratory relief action whereby plaintiff, a financial advisor, seeks to invalidate the restrictive non‐co...

Excerpt: ...er real property. Plaintiff essentially claims that the Note between herself and the Iseleys for the face amount of $75,000 was not supported by consideration and that the amount stated in a Notice of Default (“NOD”) was overstated, rendering the NOD void and that in any event she was not in default and the Defendants created the circumstance which resulted in her being unable to make payments. The Court notes that Plaintiff filed a first ame...

Excerpt: ... Plaintiff Travelers Property Casualty Co.'s (“Travelers”) complaint is ruled upon as follows. The Court did not consider the Declaration of Mark R. Swartz (“Swartz Declaration”) since the Court does not consider such extrinsic evidence in ruling on a demurrer. The Court observes that attached to the Swartz Declaration are Exhibits A‐C that may be subject to judicial notice. Defendants, however, have not requested judicial notice. Exhib...

Excerpt: ...Background Plaintiffs in pro per's 2AC is on a Judicial Council Form which purports to assert a single claim for an unspecified “intentional tort” against Defendants. It is alleged that following a foreclosure sale of plaintiffs' home on 11/20/2017, Defendants were supposed to distribute surplus proceeds in early February 2018 and even notified plaintiffs the funds would be mailed out by the first week of February 2018. However, according to ...

Excerpt: ...ges because the fraud claim is insufficiently pled as argued in its demurrer. However, since the Court has concluded that the fraud claim was sufficiently pled, the motion to strike punitive damages must be denied for the same reasons the demurrer was overruled. (See, e.g. Johnson v. Ford Motor Co. (2005) 35 Cal. 4th 1191.) Fraud is a cause of action which provides a basis for punitive damages. Civil Code § 3294. The Court need not address wheth...

Excerpt: ...n the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) Except as provided by statute, a motion for judgment on the pleadings is analyzed like a general demurrer. (Cloud v. Nor...

Excerpt: ...or of Defendant Akiba E. Green, D.O. (Dr. Green). In the underlying 12/07/18 order granting summary judgment, the court wrote: This is a medical malpractice case. […] The complaint contains allegations that Plaintiffs were injured when Bridges, the Minor's mother, gave birth to the Minor while under Dr. Green's care. The complaint contains two causes of action for medical negligence and a cause of action for emotional distress. The key allegati...

Excerpt: ...f alleges that he was “was injured in his health, strength and activity, sustaining injury to his body and shock and injury to his nervous system and person, all to his detriment, all of which injuries have caused, and continue to cause Plaintiff mental, physical and nervous pain and suffering.” Defendant propounded 112 special interrogatories with a number of photographs attached. The photographs depict Plaintiff in a variety of situations, ...

Excerpt: ...or cuff. Defendants seek summary judgment on the basis that Plaintiff cannot show that her injuries were caused by the incident. Defendants' separate statement includes the following. Defendant Thebeau was acting in the course and scope of his employment for Defendant Armstrong Plumbing, Inc. at the time of the incident. Plaintiff contends the incident caused low back and left shoulder symptoms, including a compression fracture at L5 and torn rot...

Excerpt: ...: o Kozka Decl: Nos. 6, 7, 18 Plaintiff's Evidentiary Objections ‐ Overruled: Nos. 1‐3, 7 The Assembly's request for judicial notice of the Joint Rules of the Senate and Assembly is GRANTED. On April 15, 2007, Plaintiff began working as a photographer/cinematographer at the Broadcast Service Unit within the Member Support and Outreach Division of the Republican Caucus. (UMF 1‐2, 7.) Plaintiff's primary duties were taking and editing photogr...

Excerpt: ...rting Agencies Act (Civ. Code § 1785.1, et seq.), violation of the Consumer Legal Remedies Act (Civ. Code § 1750, et seq.), violation of Bus. & Prof. Code § 17200 and for declaratory relief. Plaintiffs have alleged that Defendant failed to issue post‐repossession Notices of Intent to Dispose of Property that strictly complies with statutory requirements and also unlawfully assesses deficiency balances. Defendant seeks to compel Plaintiffs' i...

Excerpt: ...mination in violation of public policy. At issue on this motion are Plaintiff's responses to requests for production nos. 1, 8, 10 ‐11, 12‐15, 22‐24, and 73. With respect to requests 1, 8, 10‐11, 12‐15 and 73, which sought documents related to Plaintiff's employment with Defendant and communications she has had with others related to the claims in this action, Plaintiff interposed various objections but also indicated that subject to th...

Excerpt: ...dure §583.310 and §583.360 since plaintiff failed to bring this action to trial within five (5) years. Coupled with the lack of opposition which is construed as a concession on the merits, this court will grant the motion to dismiss. Code of Civil Procedure §583.310 provides in its entirety: “An action shall be brought to trial within five years after the action is commenced against the defendant.” California law clearly holds that the fiv...

Excerpt: ...made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiff Reviver Financial, LLC, successor in interest to CNU of California, LLC dba Net Credit's motion for summary judgment is ruled upon as follows. This is an action for breach of contract and common counts. Plaintiff is a debt buyer. Plaintiff alleges that it purchased the loan between Defendant Daniel Hudson and CNU of California, LLC dba Net Credit. Plaintiff alleges that Def...

Excerpt: ...ater than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiff Eric Hunt's motion for protective order is ruled upon as follows. This is a motor vehicle, personal injury action. Plaintiff alleges that on 6/1/2016, Defendant Gary Peifer failed to drive at a safe speed and distance and crashed his truck into the rear of Plaintiff's vehicle. In his complaint, Plaintiff alleges that he was “was injured in his health, strength and activity, sustainin...

Excerpt: ...staken notion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take judicial notice of hearsay allegations as being true, just because they are part of a court record or file. A court may take judicial notice of the existence of each document in a court file, but can only take judicial notice of the truth of facts asserted in do...

Excerpt: ...y no later than 4:00 p.m. on Wednesday, March 6, 2019**** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of the Issues identified in the Notice of Motion and which of the Undisputed Material Facts offered by the moving defendants and/or the Additional Material Facts offered by plaintiff will be addressed at the hearing and the parties should be prepared to poin...

Excerpt: ...uest for oral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Defendants Robert Scott St. Clair, Hillary Jean St. Clair (collectively the “St. Clairs”), Mark Randall Swartz and that Law Offices of Mark R. Swartz's (collectively Swartz”) (all defendants are collectively referred to herein as “Defendants”) demurrer to Plaintiff Travelers Property Casualty Co.'s (“Travelers”) complaint is ruled up...

Excerpt: ... Any request for oral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** The motion of Defendants Hartford Fire Insurance Company (“Hartford”), Matt Murphy (“Murphy”), and James Sweetman (“Sweetman”) for summary judgment, or in the alternative summary adjudication, as to the First Amended Complaint (“FAC”) of plaintiff Michael J. Widner (“Widner”) is granted in part and denied in part as set...

Excerpt: ...endant Vrame is CRLLC's managing member. Plaintiff alleges causes of action for breach of contract, fraud, and negligent misrepresentation. In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991...

Excerpt: ...eeding in pro per. On June 6, 2018, this Court granted Defendant's three motions to compel. Plaintiff was ordered to serve verified responses, without objections, to Defendant's form interrogatories, special interrogatories, and requests for production on or before June 16, 2018. Plaintiff has failed to comply with these Court orders and Defendant now moves for issue, evidence, terminating, contempt, and/or monetary sanctions in the sum of $935 a...

Excerpt: ...ral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiff's motion to compel third‐party Alta California Regional Center's (“ACRC”) compliance with subpoena duces tecum is UNOPPOSED and is GRANTED. This is an action for Dependent Abuse (W&I Code 15600 et seq.) and Violation of Resident's Bill of Rights. The action is brought by Plaintiff Kara Hagstrom ("Kara" or "Plaintiff&#...

Excerpt: ...See McGinley Decl. ¶¶ 1‐ 28 and Exhs. 1‐2.) As the record establishes defendant Shinga Wineco, LLC (“Defendant”) has no interest in the vehicle given that the amount owned exceeds the value of the vehicle, Plaintiff is not required to file an undertaking. The amount Defendant must post as an undertaking to stay delivery or regain possession pursuant to CCP § 512.020 is $56,260.25. Plaintiff is also entitled to a turn over order. (CCP �...

Excerpt: ...ment must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiffs General Charles E. Yeager (Ret.) and Victoria Yeager's (collectively “Yeagers”) motion to tax costs is ruled upon as follows. Overview This is a legal malpractice action brought by the Yeagers. According to the First Amended Complaint ("FAC"), Defendants represented them beginning in or about June 2009. The Yeagers breached their fee agreemen...

Excerpt: ...aintiff filed this action to recover damages for: (1) violation of Business & Professions Code §§ 14200 et seq. (Model State Trademark Law/Trademark Infringement); (2) trade name infringement; (3) violation of California's Anti‐Phishing Act of 2005; and (4) unfair competition. Plaintiff served requests for production, set one, on Defendant on March 27, 2018, and received responses on May 24, 2018. The parties met and conferred regarding furth...

Excerpt: ...n, which were filed conditionally under seal, remain under seal in their redacted form as filed. Plaintiffs contend the redactions protect Plaintiffs' private financial information and Defendants' trade secrets. Under California Rules of Court, Rule 2.551, a record must not be filed under seal without a court order. (Cal. Rule of Court, Rule 2.551(a).) The Court may order that a record be placed or filed under seal if it expressly finds that: (1)...

Excerpt: ...ate. Any request for oral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Defendants Windsor Sacramento Estates, LLC dba Windsor Care Center of Sacramento (“WCCS”) and S&F Management Company, Inc.'s (“S&F”)(collectively “Defendants”) Petition to Compel Arbitration is ruled upon as follows. Co‐Defendants Lawrence Feigen, Lee Samson (collectively “Managing Defendants”), and Windsor Haysac Hol...

Excerpt: ... as the motion is unopposed. On May 10, 2018, plaintiff Anthony Schwartz propounded Form Interrogatories ‐ General, Set One (1), Request for Admissions, Set One (I), Request for Production of Documents, Set One (1), and Special Interrogatories, Set One (1) on defendant Sharon L. Wessels. Defendant Wessels did not respond to any of the discovery, and Schwartz subsequently moved to compel responses on October 10, 2018. Defendant Wessels did not o...

Excerpt: ...dding a claim that would benefit the Class as a whole. The amendment is alleged to be necessary to ensure that all of the claims applicable to the Class are raised. PAGA includes an administrative procedure that the aggrieved employee must exhaust as a prerequisite to filing a civil suit. The administrative prerequisites to filing suit in section 2699.3 are triggered when an aggrieved employee seeks certain civil penalties under the Labor Code. S...

Excerpt: ...hich plaintiffs allege that they were stopped at a signal after exiting Highway 80 in Sacramento County. After the signal light turned green. plaintiff Morgan proceeded onto Watt Avenue when she was hit by defendant Eaton who was riding a motorcycle when he ran a red light. Plaintiff seeks to amend the complaint, relying on CCP 425.13. However, that code section applies only to medical malpractice cases and requires an evidentiary showing. The Co...

Excerpt: ...5. Alpine brings this motion solely to compel Elliot to provide the original verification of the unverified responses served November 17, 2018. Alpine's counsel sent two letters to Elliot's counsel requesting Elliot's verification of the subject discovery responses. The first letter was dated November 27, 2018. The second letter was dated January 7, 2019. The second letter indicated that Alpine would file its motions to compel the verifications i...

Excerpt: ...ment that a party respond to supplemental interrogatories unless they have something to supplement. CCP 2030.070 provides that: (a) In addition to the number of interrogatories permitted by Sections 2030.030 and 2030.040, a party may propound a supplemental interrogatory to elicit any later acquired information bearing on all answers previously made by any party in response to interrogatories. (b) A party may propound a supplemental interrogatory...

Excerpt: ...mports, sells, and/or distributes for sale in California vinyl/PVC seat covers containing the plasticizer and Proposition 65‐listed chemical, di(2‐ ethylhexyl)phthalate (DEHP), hereinafter the "Products," without first providing the health hazard warning required by Proposition 65. A true and correct copy of the Consent Judgment is attached as Exhibit A to the supporting declaration of Laralei S. Paras (Paras Decl) DEHP is listed purs...

Excerpt: ... on the pleading under submission following oral argument, the Court issued its order affirming the tentative ruling, granting the motion, and addressing matters raised at oral argument. On February 11, 2019, the Court entered judgment in the action in accord with its ruling on the motion for judgment on the pleadings. Once judgment has been entered, the court may not reconsider it and loses its unrestricted power to change the judgment. The cour...

Excerpt: ...entered as a first step which orders the sale of the property and apportionment based upon the parties' interests in the property. (E.g., Finney v. Gomez (2003) 111 Cal.App.4th 527, 532; CCP § 872.720.) Further a referee will then be appointed to sell the property in accordance with CCP § 873.010 upon noticed motion. The Court notes that the instant complaint does not request any specific dollar amount of relief. As a result, Plaintiff will not...

Excerpt: ... for preliminary injunction is granted as set forth below. Reinnoldt's objections to evidence are ruled upon as follows: Sustained Objection No. 2, 6, and 7; overruled Nos. 1, 3, 4, 5, and 8. The subject Deed of Trust dated January 31, 2017 ("Deed of Trust") encumbers the Folsom Property which is owned by Reinnoldt and LLC as tenants‐in‐common, with undivided interests of 30% and 70% respectively. LLC had noticed a trustee's sale ...

Excerpt: ...0.41(a) and that they did not contact Perez to discuss which causes of action they intended to demur to and why any allegations were deficient. Cross‐Defendants submitted a declaration in reply indicating that Ms. Dove talked with Perez's counsel and requested that he dismiss Cross‐Defendants from the crosscomplaint because Ms. Wexler was not involved with the subject conduct, etc. and that the demurrer would be filed. Here, as there were onl...

Excerpt: ...ers. *** Defendant Norcal Masonry Builders, Inc.'s demurrer to Plaintiff Bay Cities Paving & Grading, Inc.'s second amended complaint (“SAC”) is ruled upon as follows. Plaintiff's request for judicial notice is granted, with the exception of Exhibit A ‐ webpage printout from California Secretary of State. CAB's request for judicial notice of certain webpages from the Department of Insurance is DENIED. As noted in Jolley v. Chase Home Financ...

Excerpt: ...ng counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This is a cons...

Excerpt: ...at Rio Consumnes Correctional Center. On January 7, 2019, this Court granted Defendant's unopposed motion for summary judgment. Final judgment has not yet been entered. Defendant now seeks an order declaring Plaintiff to be a vexatious litigant pursuant to CCP § 391(b)(1) and also seeks a pre‐filing order. The purpose of the vexatious litigant statute is to address the problems created by the "persistent and obsessive litigant" who cau...

Excerpt: ... stay entered on 1/18/19 is LIFTED. RRI's request for judicial notice is GRANTED. Factual / Procedural Background This is a residential landlord / tenant case. In his verified complaint, Plaintiff Michael Scallin (Scallin) identifies himself as the tenant, and he identifies Co‐Defendant Tom Blum (Blum) as a “known property owner.” A lease agreement (Lease) attached to the complaint identifies RRI as “Agent.” A move‐in inspection repor...

Excerpt: ...or, in the alternative, summary adjudication of issues is DENIED. Overview The complaint in this case contains causes of action against Valaga for negligence and premises liability. The plaintiff is Daniel Yakushchenko (Yakushchenko). Yakushchenko and Valaga are neighbors. On the date in question, Yakushchenko saw Valaga cutting limbs from a tree in the front yard of Valaga's property. (Undisputed Material Fact (UMF) 1.) Yakushchenko offered to h...

Excerpt: ..., the State Compensation Insurance Fund (“SCIF”) for insurance premiums for the period of September 9, 2014 to September 9, 2015 in the amount of $49,666.47. NCCS seeks summary adjudication of the first and second causes of action. Even though these are the only two causes of action in the complaint, NCCS does not move for summary judgment but only summary adjudication. Any party may move for summary judgment in any action or proceeding if th...

Excerpt: ...collectively “Defendants”) is SUSTAINED with leave to amend. Defendants' request for judicial notice of the complaint and first amended complaint (FAC) is GRANTED. The Loan Modification Agreement and Forebearance Agreements attached as exhibits to the McLoon Declaration are STRICKEN. The court may not consider evidence at this juncture. In addition, the FAC makes no reference to the agreements, and federal rules authorizing courts to consider...

Excerpt: ...a wrongful death cause of action and to remove the prayer for relief for general damages in connection with the second cause of action for battery to reflect the Court's prior ruling on a motion to strike. Defendants Maria Cucicea and Christian Tratta oppose the motion on the basis that Plaintiff failed to comply with CRC 3.1324 and also that Plaintiff has delayed in seeking the amendment. “Trial courts are vested with the discretion to allow a...

Excerpt: ... service. On 1/9/2019, Plaintiff filed a request for entry of default which was granted. Pursuant to CCP 585(a), “[i]n an action arising upon contract or judgment for the recovery of money or damages only, if the defendant has, or if more than one defendant, if any of the defendants have, been served, other than by publication, and no answer, demurrer . . . has been filed with the clerk of the court within the time specified in the summons, or ...

Excerpt: ...RANTED, as set forth below. This case involves allegations regarding childhood sexual abuse that occurred in the Mark Twain Elementary School. Plaintiff and other minor students were sexually abused by Sacramento City Unified School District (the “School District”) employee Joshua Rolando Vasquez (“Vasquez”). Vasquez video recorded his childhood sexual abuse of Plaintiff and other minor students. In essential part, these videos are at the...

Excerpt: ...‐OAlO Mortgage Pass‐ Through Certificates, Series 2006‐OAlO (erroneously sued as Bank of New York Mellon fka The Bank of New York as Trustee for the Certificate Holders of the Alternative Loan Trust 2006‐OAlO Mortgage Pass‐ Through Certificates Series 2006‐ OAlO) ("BONY") (collectively referred to herein as "Cross‐Defendants") demurrer to the cross‐complaint filed by cross‐complainant J. Pedro Zarate ("Cross�...

Excerpt: ...ntiff's requests for production, set one, numbers 8, 11, 18, 20‐25, 32, 38, 40‐44, 47, 55, 68, 70‐75, 99, 101‐106, 115‐116, and 120. Plaintiff contends Defendant has failed to comply with the Court's order and seeks an order compelling compliance as well as prospective sanctions of $500 a day for every day Defendant fails to comply. Plaintiff argues Defendant has failed to produce any emails in response to the at‐issue discovery reque...

Excerpt: ...prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant California Department of General Services' (“DGS”) motion for summary judgment, or in the alternative, summary adjudication is GRANTED. DGS' request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their c...

Excerpt: ...addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Plaintiff and Cross‐ Defendant Alhambra Enterprises, Inc.'s (“AEI”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. AEI moves for summary judgment/adjudication of its own Complaint. AEI also moves for sum...

Excerpt: ...al notice of are specified in Evidence Code § 452. The fact that these documents may be publicly available does not make them subject to judicial notice. As noted in Jolley v. Chase Home Finance, LLC (2013) 2013 Cal.App.4th 772, "we know of no 'official Web site' provision for judicial notice in California." (See L.B. Research & Education Foundation v. UCLA Foundation (2005) 130 Cal.App.4th 171, 180, fn. 2.) "Simply because i...

Excerpt: ...iled to comply with them. Thus, the Court must once again deny the motion without prejudice. In the ex parte order, the Court indicated that on 1/8/2019, plaintiff lodged the following unredacted documents in opposition to motion for summary judgment: a. La Jolla's opposition b. La Jolla's separate statement c. Declaration of Steven M. Ramanoff d. Declaration of Travis Huff e. Appendix of Exhibits [Exhibits 1‐15] f. Appendix of Exhibits...

Excerpt: ...Vilayvan Phaouthoum's motion to compel further response to request for production is ruled upon as follows. This is a lemon law action. Plaintiff alleges that in March 2012, s/he purchased a used 2009 GMC Acadia. The vehicle allegedly suffered from serious defects and nonconformities, including but, not limited to steering and engine defects. To the extent Plaintiff is requesting that Defendant produce the documents that it agreed to produce in r...